South Carolina H 5448: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS FOR THEIR EFFORTS TO MOLD TODAY'S YOUTH INTO TOMORROW'S LEADERS AND TO WISH THEM MUCH CONTINUED SUCCESS IN THEIR NOBLE EFFORTS.

Bill Text

2025-2026 Bill 5448 Text of Previous Version (Mar. 26, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5448

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ADDING CHAPTER 23 TO TITLE 63 SO AS TO ESTABLISH 
STANDARDS AFFIRMING AND PROTECTING THE RIGHTS OF PARENTS, GUARDIANS, AND LOVED 
ONES TO BE PRESENT WHEN THEIR CHILD IS UNDERGOING A MEDICAL PROCEDURE OR 
RECEIVING DRIVING INSTRUCTION, TO ALLOW PENALTIES FOR VIOLATION OF THE 
PROVISIONS OF THIS CHAPTER, TO CREATE A CIVIL RIGHT OF ACTION, AND FOR OTHER 
PURPOSES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Title 63 of the S.C. Code is amended by adding:

CHAPTER 23

Parental Right to Be Present

 Section 
63-23-10. For purposes of this chapter:

 (1) 
"Anesthesia" means general, local, or twilight sedation administered for 
medical or surgical purposes.

 (2) 
"Driving instruction" means any formal lesson or examination related to 
obtaining a driver's license.

 (3) 
"Instructor" means any state-licensed driving instructor or examiner.

 (4) 
"Loved one" means a legal guardian, spouse, friend, family member, domestic 
partner, or family member with power of attorney or medical authority.

 (5) 
"Medical facility" means hospitals, clinics, surgical centers, and any licensed 
practice providing medical, dental, or surgical procedures.

 (6) 
"Minor" means any individual under the age of eighteen.

 Section 
63-23-20. (A) All licensed medical 
facilities must allow at least one parent or legal guardian to be present for 
all medical procedures, tests, surgeries, and treatments involving a minor, 
unless the parent voluntarily waives this right in writing.

 (B) 
Parents or legal guardians have the right to observe, through physical presence 
any procedure in which their child is under anesthesia, to ensure the safety of 
the minor.

 (C) 
Facilities must make reasonable accommodations to allow such observation 
without interfering with medical procedures or patient safety.

 Section 
63-23-30. (A) Any patient, 
regardless of age, undergoing anesthesia has the right to designate a loved one 
to be present for monitoring during procedures and in postanesthesia recovery.

 (B) 
Facilities must make reasonable accommodations to allow observation without 
interfering with medical procedures or patient safety.

 Section 
63-23-40. (A) A parent or legal 
guardian has the right to be present in the back seat during any driving lesson 
or official driving test taken by their minor child.

 (B) 
All driving schools must obtain appropriate insurance coverage and use properly 
equipped vehicles to allow for the safe transport of a third-party observer 
during instruction or testing.

 (C) 
Driving instructors may not deny or penalize students for exercising this 
right.

 Section 
63-23-50. (A) Any facility or 
institution found to be in violation of this chapter is subject to fines, 
license review, or other regulatory actions as determined by the appropriate 
state licensing boards.

 (B) 
Individuals denied these rights may file a grievance with the relevant 
regulatory or civil rights authority.

 Section 
63-23-60. (A) All facilities, 
institutions, and providers named in this chapter including, but not limited 
to, medical facilities and driving schools bear full responsibility for making 
the necessary accommodations to ensure compliance with the rights outlined in this 
chapter.

 (B) 
Failure to proactively implement policies, equipment, staffing, or insurance 
coverage required to uphold these rights constitutes a violation of this 
chapter.

 Section 
63-23-70. (A) No company, business, 
facility, institution, organization, or agent thereof shall separate a parent 
or legal guardian from their minor child during any procedure, test, lesson, 
examination, medical treatment, or recovery period, without:

 (1) 
the explicit, informed, and voluntary consent of the parent or guardian; or

 (2) 
a clear and documented medical, legal, or safety-based justification, 
consistent with applicable laws and best practices.

 (B) 
Under no circumstances shall a parent be removed or denied access to their 
child for the convenience of staff, scheduling, or policy reasons alone.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on March 26, 2026 at 12:21 PM